Chapter 10: Natural Resources A. INTRODUCTION This chapter describes the floodplains, wetlands, existing terrestrial and aquatic flora and fauna, threatened or endangered species, and water quality within the natural resources1 study area, and assesses whether the proposed actions could result in significant adverse impacts on natural resources. Specifically, the chapter: • Describes the regulatory programs that protect floodplains, wildlife, threatened or endangered species, aquatic resources, or other natural resources within and in the vicinity of the project site; • Describes the current condition of the floodplain and natural resources within and in the vicinity of the project site, including water and sediment quality, and biological resources, including aquatic biota, terrestrial biota, and threatened or endangered species and species of special concern; • Assesses floodplain, water quality, and natural resources conditions in the future without the proposed actions; • Assesses the potential impacts of the proposed actions on floodplain, water quality, and natural resources; and, • Discusses the measures that would be developed, as necessary, to mitigate and/or reduce any of the proposed actions’ potential significant adverse effects on natural resources and floodplains. The Office of the Deputy Mayor for Economic Development (ODMED), in coordination with the New York City Economic Development Corporation (NYCEDC) and the New York City Department of City Planning (DCP) proposes to rezone, obtain other land use approvals, and implement a comprehensive development plan for a portion of Coney Island, Brooklyn. The approximately 47-acre project site (Figures 10-1 and 10-2) is roughly bounded by West 8th and West 22nd Streets from Mermaid Avenue to the Boardwalk. Land cover within the project site consists mainly of open space/recreational facilities (e.g., KeySpan Park, Abe Stark Rink, active amusements and entertainment venues, and former GreenThumb community garden areas), developed land with commercial or residential uses, vacant land with low weedy vegetation, and surface parking facilities. 1 Natural resources are defined as “Plant and animal species and any area capable of providing habitat for plant and animal species or capable of functioning to support ecological systems and maintain the city’s environmental balance.” (City Environmental Quality Review [CEQR] Manual, City of New York, 2001). 10-1 1.14.09 Area of Detail 0 1000 2000 FEET Rezoning Area Boundary Approximate coordinates of Rezoning Area: 40° 34’ 28" N, 73° 59’ 0" W SCALE West 25th Street Parking Site USGS 7.5 Minute Topographic Map - Coney Island Quad CONEY ISLAND REZONING Figure 10-1 1.14.09 NEPTUNE AVE. W. 15TH ST. 15TH W. W. 16TH ST. 16TH W. STILLWELL AVE. STILLWELL W. 17TH ST. 17TH W. W. 19TH ST. 19TH W. W. 20TH ST. 20TH W. W. 8TH ST. W 12TH ST. MERMAID AVE. SURF AVE. ASTROLAND W. 21ST ST. 21ST W. AMUSEMENT W. 22ND ST. 22ND W. PARK ASSERY LEVY PARK BOWERY ST. W. 23RD ST. 23RD W. NEW YORK AQUARIUM W. 24TH ST. 24TH W. W. 25TH ST. 25TH W. DENOS KEY SPAN PARK WONDER WHEEL AMUSEMENT PARK RIEGELMANN BOARDWALK ATLANTIC OCEAN Rezoning Area Boundary 0 400 800 FEET SCALE West 25th Street Parking Site Current Land Cover CONEY ISLAND REZONING Figure 10-2 Coney Island Rezoning B. METHODOLOGY REGULATORY CONTEXT Activities associated with the proposed actions, such as the discharge of stormwater, development within the New York State Coastal Zone and 100-year floodplain, and/or that have the potential to affect surface waters, wetlands, or species of special concern, must comply with federal and state legislation and regulatory programs that pertain to activities in coastal areas, surface waters, floodplains, wetlands, and the protection of species of special concern. FEDERAL Clean Water Act (33 USC §§ 1251 to 1387) The Clean Water Act (CWA), also known as the Federal Water Pollution Control Act, is intended to restore and maintain the chemical, physical, and biological integrity of U.S. waters. It regulates point sources of water pollution (i.e., discharges of municipal sewage, industrial wastewater, stormwater, and the discharge of dredged or fill material into navigable waters and other waters of the U.S.) and non-point source pollution (i.e., runoff from streets, agricultural fields, construction sites, and mining). Coastal Zone Management Act of 1972 (16 USC §§ 1451 to 1465) The Coastal Zone Management Act of 1972 established a voluntary participation program to encourage coastal states to develop programs to manage development within coastal areas to reduce conflicts between development and protection of resources within the coastal area. Federal permits issued in New York must be accompanied by a Coastal Zone Consistency Determination that evaluates consistency with New York’s federally approved coastal zone management program. Endangered Species Act of 1973 (16 USC §§ 1531 to 1544) The Endangered Species Act of 1973 recognizes that endangered species of wildlife and plants are of aesthetic, ecological, educational, historical, recreational, and scientific value. The Act prohibits the importation, exportation, taking, possession, and other activities involving illegally taken species covered under the Act, and interstate or foreign commercial activities. The Act also provides for the protection of critical habitats on which endangered or threatened species depend for survival. Fish and Wildlife Coordination Act (PL 85-624; 16 USC 661-667d) The Fish and Wildlife Coordination Act entrusts the Secretary of the Interior with providing assistance to, and cooperation with, federal, state, and public or private agencies and organizations to ensure that wildlife conservation receives equal consideration and coordination with other water-resource development programs. These programs can include the control (such as a diversion), modification (such as channel deepening), or impoundment (dam) of a body of water. 10-2 Chapter 10: Natural Resources NEW YORK STATE Protection of Waters, Article 15, Title 5, New York State Environmental Conservation Law (ECL), Implementing Regulations 6 NYCRR Part 608. The New York State Department of Environmental Conservation (NYSDEC) is responsible for administering Protection of Waters regulations to prevent undesirable activities on surface waters (streams, lakes, and ponds). The Protection of Waters Permit Program regulates five different categories of activities: disturbance of stream beds or banks of a protected stream or other watercourse; construction, reconstruction, or repair of dams and other impoundment structures; construction, reconstruction, or expansion of docking and mooring facilities; excavation or placement of fill in navigable waters and their adjacent and contiguous wetlands; and Water Quality Certification for placing fill or other activities that result in a discharge to waters of the United States in accordance with Section 401 of the CWA. State Pollutant Discharge Elimination System (SPDES) (N.Y. ECL Article 3, Title 3; Article 15; Article 17, Titles 3, 5, 7, and 8; Article 21; Article 70, Title 1; Article 71, Title 19; Implementing Regulations 6 NYCRR Articles 2 and 3) Title 8 of Article 17, ECL, Water Pollution Control, authorized the creation of the SPDES to regulate discharges to the state’s waters. Activities requiring a SPDES permit include point source discharges of wastewater into surface or ground waters of the state, including the intake and discharge of water for cooling purposes, constructing or operating a disposal system, discharge of stormwater, and construction activities that disturb one acre or more. Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Sections 910-921, Executive Law, Implementing Regulations 6 NYCRR Part 600 et seq.) Under the Waterfront Revitalization of Coastal Areas and Inland Waterways Act, the New York State Department of State (NYSDOS) is responsible for administering the Coastal Management Program (CMP). The Act also authorizes the State to encourage local governments to adopt Waterfront Revitalization Programs (WRPs) that incorporate the state’s policies. New York City has a WRP administered by DCP. Chapter 12, “Waterfront Revitalization Program,” describes the proposed actions’ consistency with the City’s WRP. Tidal Wetlands Act, Article 25, ECL, Implementing Regulations 6 NYCRR Part 661. Tidal wetlands regulations apply anywhere tidal inundation occurs on a daily, monthly, or intermittent basis. Tidal wetlands occur along the salt-water shore, bays, inlets, canals, and estuaries of Long Island, New York City and Westchester County, and the tidal waters of the Hudson River up to the state line. NYSDEC administers the tidal wetlands regulatory program and the mapping of the state’s tidal wetlands. A permit is required for almost any activity that would alter wetlands or the adjacent areas (up to 150 feet inland within New York City). Floodplain Management Criteria for State Projects (6 NYCRR 502) Under 6 NYCRR 502, state agencies must ensure that the use of state lands and the siting, construction, administration, and disposition of state-owned and state-financed projects involving any change to improved or unimproved real estate are conducted in ways that would minimize flood hazards and losses. Projects must consider alternative sites on which the project could be located outside the 100-year floodplain. Projects to be located within the floodplain are to be designed and constructed to minimize flood damage within the 100-year floodplain and